[BC] EAS alert tones in movie preview ad

Rich Wood richwood at pobox.com
Sat Nov 13 08:35:42 CST 2010


------ At 10:52 PM 11/12/2010, Broadcast List USER wrote: -------

>I'm so sorry, but you are SO WRONG!
>
>The law doesn't just prohibit "attention signals."
>11.45 - Prohibition of false or deceptive EAS transmissions.

I wasn't aware there were levels of wrong. The point I'm trying to 
make is that it doesn't matter. People here have listed various 
"illegal" uses of tones, noises, etc. and I haven't seen any mention 
of the FCC taking any action over the years involving program content 
relative to EAS.

With the decimation of news departments, standards and practices and 
engineering there's probably no one at the station who knows or cares 
when there's advertising money involved. When the maximum fine was 
$27,500 they were the cost of doing business. Both Infinity and Clear 
Channel paid the FCC lump sums to wipe away their Howard Stern 
problems and deceptive contests. $1.7 million in one case. The FCC 
took the money and all was well in paradise. Considering what the 
offending shows billed it was chump change. Now that the maximum fine 
is $325,000 we find companies finally going to court to challenge the 
vagueness of the rules. Does a movie spot rate that kind of a fine?

If it's a network spot, do they fine all the affiliates? In the 
"nipple affair" they fined the network's O&Os. I don't recall any 
affiliates being fined. All the network's affiliates aired the same 
children-corrupting, life altering incident.

So far, only Sid has indicated he understands my stand on announcing 
tests. In the case of FOX, when everything is an emergency nothing is 
an emergency.

Rich  



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